Need help to find out my Elgibility in EB1-EA or NIW

R

R2006

Registered Users (C)
Hi,
I am new to this forum. I am a postdoc in reputed university USA. I would like to start my green card process. My university is not ready to sponsor me (EB1-OR). Here I am giving my qualifications. Please suggest me which category (EB1-EA or NIW) is suitable for me. Please provide me some good immigration lawyer information. Thanks for help.

Highlights of my CV


PhD- India-chemistry-thesis work carried out on anti cancer agents 2003.
Post-doc - on anti-malarial agents
Awards
1. Senior Research fellow award-graduate fellowship award
2. K.V. Rao Scientific society merit award-small society
3. My PhD adviser got Indian Drug Manufacturers Association Award for best patent of the year (The US patent belongs to my thesis work)

Publications
1. 16 publications in total in that, 5- second author publications (in all the papers my PhD adviser is the first author)
2. The remaining 10 are 3rd and 4th author,
3. One review article with fourth author.
4. All are international journals have more than 150 citations.

Patents
1. Five US patents
2. One world patent
3. Four Indian patents
4. Three are second author, the remaining are 3rd and 4th author

Poster presentations
1. Total 6 in that two first author
2. Three from India
3. Three from USA

My postdoc work is not published et.
 
NIW easily, based on your US research

I think NIW will work well for you, the importance of your work to US as well as rest of the world. You have to get letters from US or other scientists stating about your work here as well as in India.
It is really unfortunate that you do not have a single first author paper.
Moreover, is very sad to see that the notorious nature of Indian guides (Not all) but still a lot, they maintain their status even after years of experience in US!
Good luck! try your luck.
 
Zero first author paper is a MAJOR drawback about your portfolio. Since citations are used to see your work was used world wide. Because of no first author paper they loose importance. Patents are only good if you can prove by the way of evidence that how they are important to National Interest of USA. Awards are good but you need to have evidence how were you selected for these awards (How many candidates apply and how many get this award? National or International? Significance of the award? Using these criterias an immigration reviewer can total your chances. If you can wait longer then get more first author papers. Alternately apply in Eb1-OR category.
 
I would go for either or both.

Dear R2006,

Your credentials definitely satisfy both EB1-EA and EB-2 NIW requirements. I would not worry about the fact that you never had a paper in which you are the corresponding author. As a Ph.D. graduate student and a postdoctoral fellow, there is no way one can be a "first" author. The first author, I believe, is the person whose name appears right after the boss in the publication, and this means that the first author made the most contributions among other authors except the corresponding author.

Good luck!
 
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I dunno how its elsewhere, where I did my PhD (in the US that is) the first author means the guy whose name is "FIRST" on the author list....its that simple. "Corresponding AUTHOR" is usually the Primary Inevstigator of the lab and is usually the "LAst AUTHOR".....because he is usually not applying for a green card..lol..(just kidding). So yes you have to be a first author to really say that is your work primarily.

What I think is being implied here by first author is what I have explained.....albeit maybe Freeman has a different viewpoint to which I defer by saying that in my 7 years of US research I have never heard a different explaination of a "first author". Also yeah its sad to see that in India the megalomaniac professors prefer to tout their name ahead of the guy who actually did the work. This can be easily explained though I think by getting a letter from your prof that this is the case and the real work was done by you....now that can be like asking you get the bone from the dog's mouth (all due respect to the prof) but you ahve to do it cause the immigrations officer might not understand why your name is second even if you "profess" to doing all the work.....the rest of your case looks strong for an EA or OR...
 
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It depends.

Dear kulbikr and R2006,

It depends on your professor whether he or she puts his/her name first or last. I also did my Ph.D. in chemistry in the US and have worked for many professors. My Ph.D advisor puts his name last, but my postdoc advisor always has his name appearing first. So I guess the first author in my definition is the person whose name appears first in the author line except the corresponding author. Of course, you can always explain this issue to USCIS if you ever receive RFE regarding this issue. Based on my own experience and what I have read in this forum, it is not such a big issue whether you are the first, second, or third author. The really critical point one needs to make in the I-140 petition is to precisely describe in the recommendation letters how he or she made critical/important contributions to the project as a team member.

kulbikr said:
I dunno how its elsewhere, where I did my PhD (in the US that is) the first author means the guy whose name is "FIRST" on the author list....its that simple. "Corresponding AUTHOR" is usually the Primary Inevstigator of the lab and is usually the "LAst AUTHOR".....because he is usually not applying for a green card..lol..(just kidding). So yes you have to be a first author to really say that is your work primarily. What I think is being implied here by first author is what I have explained.....albeit maybe Freeman has a different viewpoint to which I defer by saying that in my 7 years of US research I have never heard a different explaination of a "first author". ..
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R2006 does have a long publication record and he may be able to show that his work have large impact in his field, depending on his situation. However, I think what might be more important is that R2006 also needs show things like "news about his work" or "serving as a reviewer". Otherwise, he will have a hard time to meet three out of ten criteria. What do you guys think?
 
Dear R2006,

I do agree with Freeman. You should try EB1-EA and/or EB-2 NIW. Ask you Ph.D. supervisor to write a good letter saying that all the papers from your Ph.D. work which resulted into publications are your original work. I do not see your advisor having any problem to this. That will take care of your first authorship issue. Try to get reference letters from different places and make your case as strong as possible. You can do it.


Good luck!

Arydk
 
thanks

Freemann said:
Dear kulbikr and R2006,

It depends on your professor whether he or she puts his/her name first or last. I also did my Ph.D. in chemistry in the US and have worked for many professors. My Ph.D advisor puts his name last, but my postdoc advisor always has his name appearing first. So I guess the first author in my definition is the person whose name appears first in the author line except the corresponding author. Of course, you can always explain this issue to USCIS if you ever receive RFE regarding this issue. Based on my own experience and what I have read in this forum, it is not such a big issue whether you are the first, second, or third author. The really critical point one needs to make in the I-140 petition is to precisely describe in the recommendation letters how he or she made critical/important contributions to the project as a team member.
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Dear freeman, bobdog, kulbikr and all,

Thanks for your suggestions;

I think to getting a letter from my PhD prof saying that the real work was done by me is not a problem.
Some of my US patents are sold to us based company for 100,000 dollars for further investigations, is it useful to me.
Yes I am serving as a reviewer for RSC journals, but so far I reviewed only one publication. The ACS journal Editor accepted me as a reviewer, but I haven’t reviewed any paper.
Is ACS membership is useful as association membership.
Here from Postdoc work we filed one US patent, just we have file number, is it useful.
Shall I put my postdoc work as “manuscript under preparation to so on journal”. Does it show any impact.
In the university my head of the department ready to give a letter about my position and research accomplishments, Is it useful.

Thanks
 
Some answers to your questions

R2006 said:
Dear freeman, bobdog, kulbikr and all,

Thanks for your suggestions;

I think to getting a letter from my PhD prof saying that the real work was done by me is not a problem.
------You definitely need to obtain a letter from your Ph.D. boss. He or she is the person who knows probably best about you, your research ability and a degree of knowledge in your field.

Some of my US patents are sold to us based company for 100,000 dollars for further investigations, is it useful to me?
------Yes, it is. Just imagine how many companies outside the US can sell their patents to the US. The price tag of $100,000 may not sound impressive. So I guess you need to emphasize that (a) only a few companies can sell their patents to the US competitors and (b) the money of $100,000 is big for the purpose of further investigation.

Yes I am serving as a reviewer for RSC journals, but so far I reviewed only one publication. The ACS journal Editor accepted me as a reviewer, but I haven’t reviewed any paper.
------You should know that one is better than nothing.

Is ACS membership is useful as association membership?
------I assume that ACS is American Chemical Society. If it is, being an ACS member probably does not help you that much because everyone can join ACS if one pays the due. But once again, saying that you have an ACS membership would not hurt your application.

Here from Postdoc work we filed one US patent, just we have file number, is it useful?
------I would put that patent in your publication list. Although USCIS normally does not consider a patent as good as a publication in the peer-reviewed journals, I believe having a patent with the application number is definitely a plus in your petition. (I had one US patent registered when I applied for EB2-NIW I-140 petition. Mine was approved in 3 months some time in 2005. I am sure the patent helped me with the approval among other things.

Shall I put my postdoc work as “manuscript under preparation to so on journal”. Does it show any impact?
------Absolutely yes! Once again, having a manuscript is better than having nothing. What you need to do is submit the copy your manuscript along with your already published publications.

In the university my head of the department ready to give a letter about my position and research accomplishments, Is it useful?
------Once again, the answer is yes. Of course, you would need to obtain several additional letters from some people you have never met/worked with. People suggest that one should have about 50% or more of the independent letters in their petition. Good luck!

Thanks
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R2006 said:
Dear freeman, bobdog, kulbikr and all,

Thanks for your suggestions;

I think to getting a letter from my PhD prof saying that the real work was done by me is not a problem.
Some of my US patents are sold to us based company for 100,000 dollars for further investigations, is it useful to me.
Yes I am serving as a reviewer for RSC journals, but so far I reviewed only one publication. The ACS journal Editor accepted me as a reviewer, but I haven’t reviewed any paper.
Is ACS membership is useful as association membership.
Here from Postdoc work we filed one US patent, just we have file number, is it useful.
Shall I put my postdoc work as “manuscript under preparation to so on journal”. Does it show any impact.
In the university my head of the department ready to give a letter about my position and research accomplishments, Is it useful.

Thanks
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looks good for NIW. EB1 also will go through. talk with a good attorney too. your case is suitable for both. ACS membership is useful.get more recommendation letters from the people who cited your work. if you present the case properly you have a very good chance of success for both. review some more papers, good for EB1.
 
like to share my Ph.D & Postdoc experience -
1)If you get a good Prof. who understands that your career is more important then you can become first author for all the papers

OTHERWISE - here is your BOSS choice that I have experienced
2)If the work is your idea then you become the first author
3)if you work and the idea came from your boss/postdoc, then your boss prefer to become first author
4)If your work as well as your idea but if your boos writes the whole paper the way he wants to present then he prefer to be the first author
5)If the professor wants to advertized his name and care about his reputation then he will put his name first - because when one will cite the paper having more than two authors he will write Khanna et. al., so first author gets reputation.
6)If your boss wrote a good proposal and got big funds, he prefers to become first author for all the papers published- because he thinks he got the money and you are just working, so he does not care about who works (just like a helping hand).
7)Last but not least, if your boss does not like you, then he will put your name wherever he wants.
I understand that nothing is in your hand, only you have to follow your boss otherwise your Ph.D will get delayed or you have to change your boss. Life is very miserable if you get bad boss (lots of Indian bosses are in this catagory)-lots of good students have been victimized too.
 
lawyer info

Dear 2006Hunter and Freemann,

After reading all your positive responses about my eligibility in EB1-EA/NIW. I got confidence to decide to go for both. But I came to know that the lawyers are specific either they are experts in EB1EA or NIW. Moreover I need both in one lawyer. Please suggest me some good lawyer names and the fee around……….thanks for help…..

R2006
 
Lawyers

R2006 said:
Dear 2006Hunter and Freemann,

After reading all your positive responses about my eligibility in EB1-EA/NIW. I got confidence to decide to go for both. But I came to know that the lawyers are specific either they are experts in EB1EA or NIW. Moreover I need both in one lawyer. Please suggest me some good lawyer names and the fee around……….thanks for help…..

R2006
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R2006,

I am very glad to hear that you've got self-confidence on your background and achievements. You will get a brief idea on which lawyer is good in the following thread "Typical lawyer charges for EB1-EA or EB1-OR application process" posted by a username "nk2006". This thread appears on the very first page of the "National Interest Waiver and EB1" subforum. If you would like, you could send your resume to Mark H., my lawyer, for a free evaluation. Mark did a wonderful job for my EB2-NIW petition. Please let me know if you are interested in contacting Mark.


----------The Timeline
04/01/05: I-140 EB-2 NIW Filed (NSC; South Korea).
07/29/05: I-140 Approved.
08/19/05: I-485 Receipt Date.
02/01/06: Code-3 Fingerprinting (LUD:02/02/06 with no message change).
07/21/06: Called USCIS to ask about I-485 status (NSC was processing November 2005 applications at the time I called).
07/31/06: Received a letter from USCIS that mentions “pending officer review”.
08/14/06: Received a RFE letter: (a) Prove that you continue to work in
the NIW field and (b) provide all the documentary evidence for non-immigrant visa status.
09/09/06: Replied to RFE.
09/18/06: Received an approval email.
 
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lawyer details

Dear Freemann,

Thanks for your suggestions, I will send my resume to Mark for free evaluation, please provide me the lawyer details like Email id...............
 
My lawyer's info

Dear R2006,

Thanks for asking about my lawyer. I sent you his email address via Private Message (PM). If you have any questions or need further information after consultation with Mark, please feel free to contact me. Good Luck! :)

R2006 said:
Dear Freemann,

Thanks for your suggestions, I will send my resume to Mark for free evaluation, please provide me the lawyer details like Email id...............
Click to expand...
 
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R2006 said:
Dear 2006Hunter and Freemann,

After reading all your positive responses about my eligibility in EB1-EA/NIW. I got confidence to decide to go for both. But I came to know that the lawyers are specific either they are experts in EB1EA or NIW. Moreover I need both in one lawyer. Please suggest me some good lawyer names and the fee around……….thanks for help…..

R2006
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If you wish here is one successful attorney for both NIW and EB1-EA. Lots of my friends got approved through him. Go to www.hooyou.com and look for Ramasamy Krishnan. He is a great attorney and does miracle. Ask him for your free evalution. Talk to different attorney too if you wish. In my experience, Ramasamy is best. Good luck.
 
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